§ 25.222   Blanket Licensing provisions for Earth Stations on Vessels (ESVs)
receiving in the 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 GHz
(space-to-Earth), 11.7-12.2 GHz (space-to-Earth) bands and transmitting in the
14.0-14.5 GHz (Earth-to-space) band, operating with Geostationary Orbit (GSO)
Satellites in the Fixed-Satellite Service.

   (a)  The  following  ongoing requirements govern all ESV licensees and
   operations  in  the  10.95-11.2  GHz  (space-to-Earth), 11.45-11.7 GHz
   (space-to-Earth),  11.7-12.2  GHz  (space-to-Earth)  and 14.0-14.5 GHz
   (Earth-to-space) bands transmitting to GSO satellites in the Fixed-Satellite
   Service.ESV licensees must comply with the requirements in paragraph (a)(1),
   (a)(2) or (a)(3) of this section and all of the requirements set forth in
   paragraphs (a)(4) through (a)(8) of this section. Paragraph (b) of this
   section identifies items that must be included in the application for ESV
   operations to demonstrate that these ongoing requirements will be met.

   (1) The following requirements shall apply to an ESV that uses transmitters
   with   off-axis   effective   isotropically   radiated   power  (EIRP)
   spectral-densities  lower  than  or  equal  to the levels in paragraph
   (a)(1)(i)(A) of this section. An ESV, or ESV system, operating under this
   section shall provide a detailed demonstration as described in paragraph
   (b)(1)  of this section. The ESV transmitter also must comply with the
   antenna  pointing and cessation of emission requirements in paragraphs
   (a)(1)(ii) and (a)(1)(iii) of this section.

   (i) An ESV system shall not exceed the off-axis EIRP spectral-density limits
   and conditions defined in paragraphs (a)(1)(i)(A) through (a)(1)(i)(D) of
   this section.

   (A) The off-axis EIRP spectral-density emitted from the ESV, in the plane of
   the GSO as it appears at the particular earth station location, shall not
   exceed the following values:
   15−10log(N)−25logθ  dBW/4 kHz for 1.5�° ≤θ ≤7�°
   −6 −10log(N)        dBW/4 kHz for 7�° <θ ≤9.2�°
   18 −10log(N)−25logθ dBW/4 kHz for 9.2�° <θ ≤48�°
   −24 −10log(N)       dBW/4 kHz for 48�° <θ ≤85�°
   −14 −10log(N)       dBW/4 kHz for 85�° <θ ≤180�°

   Where theta (θ) is the angle in degrees from the line connecting the focal
   point of the antenna to the orbital location of the target satellite, the
   plane of the GSO is determined by the focal point of the antenna and the
   line tangent to the arc of the GSO at the orbital location of the target
   satellite. For ESV networks using frequency division multiple access (FDMA)
   or time division multiple access (TDMA) techniques, N is equal to one. For
   ESV networks using multiple co-frequency transmitters that have the same
   EIRP,  N is the maximum expected number of co-frequency simultaneously
   transmitting ESV earth stations in the same satellite receiving beam. For
   the purpose of this section, the peak EIRP of an individual sidelobe may not
   exceed the envelope defined above for θ between 1.5�° and 7.0�°. For θ greater
   than  7.0�°,  the  envelope  may be exceeded by no more than 10% of the
   sidelobes, provided no individual sidelobe exceeds the envelope given above
   by more than 3 dB.

   (B)  In  all  directions  other  than along the GSO, the off-axis EIRP
   spectral-density for co-polarized signals emitted from the ESV shall not
   exceed the following values:
   18−10log(N)−25logθ dBW/4 kHz for 3.0�° ≤θ ≤48�°
   −24−10log(N)       dBW/4 kHz for 48�° <θ ≤85�°
   −14−10log(N)       dBW/4 kHz for 85�° <θ ≤180�°

   Where θ and N are defined in paragraph (a)(1)(i)(A) of this section. This
   off-axis EIRP spectral-density applies in any plane that includes the line
   connecting the focal point of the antenna to the orbital location of the
   target satellite with the exception of the plane of the GSO as defined in
   paragraph (a)(1)(i)(A) of this section. For the purpose of this section, the
   envelope may be exceeded by no more than 10% of the sidelobes provided no
   individual sidelobe exceeds the gain envelope given above by more than 6 dB.
   The region of the main reflector spillover energy is to be interpreted as a
   single lobe and shall not exceed the envelope by more than 6 dB.

   (C)   In  all  directions,  the  off-axis  EIRP  spectral-density  for
   cross-polarized signals emitted from the ESV shall not exceed the following
   values:
   5−10log(N)−25logθ dBW/4 kHz for 1.8�° ≤θ ≤7.0�°
   −16−10log(N)      dBW/4 kHz for 7.0�° <θ ≤9.2�°

   Where θ and N are defined as set forth in paragraph (a)(1)(i)(A) of this
   section. This EIRP spectral-density applies in any plane that includes the
   line connecting the focal point of the antenna to the target satellite.

   (D) For non-circular ESV antennas, the major axis of the antenna will be
   aligned with the tangent to the arc of the GSO at the orbital location of
   the target satellite, to the extent required to meet the specified off-axis
   EIRP spectral-density criteria.

   (ii)  Except  for ESV systems operating under paragraph (a)(3) of this
   section,  each  ESV transmitter must meet one of the following antenna
   pointing error requirements:

   (A) Each ESV transmitter shall maintain a pointing error of less than or
   equal to 0.2�° between the orbital location of the target satellite and the
   axis of the main lobe of the ESV antenna, or

   (B) Each ESV transmitter shall declare a maximum antenna pointing error that
   may be greater than 0.2�° provided that the ESV does not exceed the off-axis
   EIRP spectral-density limits in paragraph (a)(1)(i) of this section, taking
   into account the antenna pointing error.

   (iii)  Except for ESV systems operating under paragraph (a)(3) of this
   section, each ESV transmitter must meet one of the following cessation of
   emission requirements:

   (A) For ESVs operating under paragraph (a)(1)(ii)(A) of this section, all
   emissions from the ESV shall automatically cease within 100 milliseconds if
   the angle between the orbital location of the target satellite and the axis
   of the main lobe of the ESV antenna exceeds 0.5�°, and transmission will not
   resume until such angle is less than or equal to 0.2�°, or

   (B) For ESV transmitters operating under paragraph (a)(1)(ii)(B) of this
   section, all emissions from the ESV shall automatically cease within 100
   milliseconds  if  the angle between the orbital location of the target
   satellite and the axis of the main lobe of the ESV antenna exceeds the
   declared maximum antenna pointing error and shall not resume transmissions
   until such angle is less than or equal to the declared maximum antenna
   pointing error.

   (2) The following requirements shall apply to an ESV that uses off-axis EIRP
   spectral-densities  in  excess of the levels in paragraph (a)(1)(i) or
   (a)(3)(i)  of  this section. An ESV or ESV system operating under this
   paragraph  (a)(2)  shall  file  certifications  and provide a detailed
   demonstration(s) as described in paragraph (b)(2) of this section.

   (i) The ESV shall transmit only to the target satellite system(s) referred
   to in the certifications required by paragraph (b)(2) of this section.

   (ii)  If  a  good faith agreement cannot be reached between the target
   satellite operator and the operator of a future satellite that is located
   within 6 degrees longitude of the target satellite, the ESV operator shall
   accept  the  power-density levels that would accommodate that adjacent
   satellite.

   (iii)  The  ESV  shall  operate  in  accordance with the off-axis EIRP
   spectral-densities that the ESV supplied to the target satellite operator in
   order  to obtain the certifications listed in paragraph (b)(2) of this
   section.  Except  for  ESVs with variable power systems, the ESV shall
   automatically cease emissions within 100 milliseconds if the ESV transmitter
   exceeds  the  off-axis  EIRP spectral-densities supplied to the target
   satellite operator. For ESVs using variable power systems, the individual
   ESV transmitter shall automatically cease or reduce emissions within 100
   milliseconds if the ESV transmitter exceeds the off-axis EIRP-density limits
   supplied to the target satellite operator; the individual transmitter must
   be self-monitoring and capable of shutting itself off; and if one or more
   ESV transmitters causes the aggregate off-axis EIRP-densities to exceed the
   off-axis EIRP-density limits supplied to the target satellite operator, then
   the transmitter or transmitters shall cease or reduce emissions within 100
   milliseconds of receiving a command from the system's central control and
   monitoring station.

   (3)  The following requirements shall apply to an ESV system that uses
   variable power-density control of individual simultaneously transmitting
   co-frequency ESV earth stations in the same satellite receiving beam unless
   that ESV system operates pursuant to paragraph (a)(2) of this section. An
   ESV system operating under this paragraph (a)(3) shall provide a detailed
   demonstration as described in paragraph (b)(3) of this section.

   (i) The effective aggregate EIRP-density from all terminals shall be at
   least 1 dB below the off-axis EIRP-density limits defined in paragraph
   (a)(1)(i) of this section, with the value of N = 1. In this context the term
   “effective”  means that the resultant co-polarized and cross-polarized
   EIRP-density experienced by any GSO or non-GSO satellite shall not exceed
   that  produced by a single transmitter operating 1 dB below the limits
   defined in paragraph (a)(1)(i) of this section. An ESV system operating
   under  this paragraph (a)(3) shall provide a detailed demonstration as
   described in paragraph (b)(3)(i) of this section.

   (ii) The individual ESV transmitter shall automatically cease or reduce
   emissions  within  100 milliseconds if the ESV transmitter exceeds the
   off-axis  EIRP-density limits specified in paragraph (a)(3)(i) of this
   section. The individual transmitter must be self-monitoring and capable of
   shutting itself off. If one or more ESV transmitters causes the aggregate
   off-axis EIRP-densities to exceed the off-axis EIRP-density limits specified
   in paragraph (a)(3)(i) of this section, then the transmitter or transmitters
   shall cease or reduce emissions within 100 milliseconds of receiving a
   command from the system's central control and monitoring station.

   (4) There shall be a point of contact in the United States, with phone
   number  and address, available 24 hours a day, seven days a week, with
   authority and ability to cease all emissions from the ESVs, either directly
   or through the facilities of a U.S. Hub or a Hub located in another country
   with which the United States has a bilateral agreement that enables such
   cessation of emissions.

   (5)  For  each  ESV  transmitter, a record of the ship location (i.e.,
   latitude/longitude), transmit frequency, channel bandwidth and satellite
   used shall be time annotated and maintained for a period of not less than 1
   year. Records will be recorded at time intervals no greater than every 20
   minutes while the ESV is transmitting. The ESV operator will make this data
   available  upon  request  to  a  coordinator,  fixed  system operator,
   Fixed-Satellite system operator, NTIA, or the Commission within 24 hours of
   the request.

   (6)  ESV operators communicating with vessels of foreign registry must
   maintain detailed information on each vessel's country of registry and a
   point of contact for the relevant administration responsible for licensing
   ESVs.

   (7) ESV operators shall control all ESVs by a Hub earth station located in
   the United States, except that an ESV on U.S.-registered vessels may operate
   under control of a Hub earth station location outside the United States
   provided the ESV operator maintains a point of contact within the United
   States that will have the capability and authority to cause an ESV on a
   U.S.-registered vessel to cease transmitting if necessary.

   (8)   In  the  10.95-11.2  GHz  (space-to-Earth)  and  11.45-11.7  GHz
   (space-to-Earth)  frequency bands ESVs shall not claim protection from
   interference from any authorized terrestrial stations to which frequencies
   are either already assigned, or may be assigned in the future.

   (b) Applications for ESV operation in the 14.0-14.5 GHz (Earth-to-space)
   band to GSO satellites in the Fixed-Satellite Service must include, in
   addition  to  the particulars of operation identified on Form 312, and
   associated Schedule B, the applicable technical demonstrations in paragraphs
   (b)(1) or (2) of this section and the documentation identified in paragraphs
   (b)(3) through (5) of this section.

   (1) An ESV applicant proposing to implement a transmitter under paragraph
   (a)(1) of this section must demonstrate that the transmitter meets the
   off-axis EIRP spectral-density limits contained in paragraph (a)(1)(i) of
   this section. To provide this demonstration, the application shall include
   the  tables  described  in  paragraph (b)(1)(i) of this section or the
   certification described in paragraph (b)(1)(ii) of this section. The ESV
   applicant also must provide the value N described in paragraph (a)(1)(i)(A)
   of this section. An ESV applicant proposing to implement a transmitter under
   paragraph (a)(1)(ii)(A) of this section must provide the certifications
   identified  in paragraph (b)(1)(iii) of this section. An ESV applicant
   proposing to implement a transmitter under paragraph (a)(1)(ii)(B) of this
   section must provide the demonstrations identified in paragraph (b)(1)(iv)
   of this section.

   (i) Any ESV applicant filing an application pursuant to paragraph (a)(1) of
   this section must file three tables showing the off-axis EIRP density level
   of the proposed earth station antenna in the direction of the plane of the
   GSO; the co-polarized EIRP density in the elevation plane, that is, the
   plane  perpendicular to the plane of the GSO; and cross polarized EIRP
   density.  In  each  table,  the EIRP density level must be provided at
   increments of 0.1�° for angles between 0�° and 10�° off-axis, and at increments
   of 5�° for angles between 10�° and 180�° off-axis.

   (A) For purposes of the off-axis EIRP density table in the plane of the GSO,
   the off-axis angle is the angle in degrees from the line connecting the
   focal point of the antenna to the orbital location of the target satellite,
   and the plane of the GSO is determined by the focal point of the antenna and
   the line tangent to the arc of the GSO at the orbital position of the target
   satellite.

   (B) For purposes of the off-axis co-polarized EIRP density table in the
   elevation plane, the off-axis angle is the angle in degrees from the line
   connecting the focal point of the antenna to the orbital location of the
   target  satellite,  and  the  elevation  plane is defined as the plane
   perpendicular to the plane of the GSO defined in paragraph (b)(1)(i)(A) of
   this section.

   (C) For purposes of the cross-polarized EIRP density table, the off-axis
   angle is the angle in degrees from the line connecting the focal point of
   the antenna to the orbital location of the target satellite and the plane of
   the GSO as defined in paragraph (b)(1)(i)(A) of this section will be used.

   (ii) A certification, in Schedule B, that the ESV antenna conforms to the
   gain pattern criteria of § 25.209(a) and (b), that, combined with the maximum
   input power density calculated from the EIRP density less the antenna gain,
   which is entered in Schedule B, demonstrates that the off-axis EIRP spectral
   density envelope set forth in paragraphs (a)(1)(i)(A) through (C) of this
   section will be met under the assumption that the antenna is pointed at the
   target satellite. If an antenna proposed for use by the applicant does not
   comply with the antenna performance standards contained in § 25.209(a) and
   (b), the applicant must provide, as an exhibit to its application, antenna
   gain test plots pursuant to § 25.132(b)(3).

   (iii) An ESV applicant proposing to implement a transmitter under paragraph
   (a)(1)(ii)(A)  of  this section, must provide a certification from the
   equipment  manufacturer  stating that the antenna tracking system will
   maintain a pointing error of less than or equal to 0.2 between the orbital
   location of the target satellite and the axis of the main lobe of the ESV
   antenna and that the antenna tracking system is capable of ceasing emissions
   within 100 milliseconds if the angle between the orbital location of the
   target satellite and the axis of the main lobe of the ESV antenna exceeds
   0.5�°.

   (iv) An ESV applicant proposing to implement a transmitter under paragraph
   (a)(1)(ii)(B) of this section must:

   (A) Declare, in their application, a maximum antenna pointing error and
   demonstrate that the maximum antenna pointing error can be achieved without
   exceeding the off-axis EIRP spectral-density limits in paragraph (a)(1)(A)
   of this section; and

   (B) Demonstrate that the ESV transmitter can detect if the transmitter
   exceeds  the  declared  maximum  antenna  pointing error and can cease
   transmission  within 100 milliseconds if the angle between the orbital
   location of the target satellite and the axis of the main lobe of the ESV
   antenna exceeds the declared maximum antenna pointing error, and will not
   resume transmissions until the angle between the orbital location of the
   target satellite and the axis of the main lobe of the ESV antenna is less
   than or equal to the declared maximum antenna pointing error.

   (2) An ESV applicant proposing to implement a transmitter under paragraph
   (a)(2) of this section and using off-axis EIRP spectral-densities in excess
   of the levels in paragraph (a)(1)(i) or (a)(3)(i) of this section shall
   provide the following certifications and demonstration(s) as exhibits to its
   earth station application:

   (i) A statement from the target satellite operator certifying that the
   proposed  operation  of  the  ESV  has the potential to create harmful
   interference to satellite networks adjacent to the target satellite(s) that
   may be unacceptable.

   (ii) A statement from the target satellite operator certifying that the
   power-density levels that the ESV applicant provided to the target satellite
   operator are consistent with the existing coordination agreements between
   its satellite(s) and the adjacent satellite systems within 6�° of orbital
   separation from its satellite(s).

   (iii) A statement from the target satellite operator certifying that it will
   include  the  power-density  levels of the ESV applicant in all future
   coordination agreements.

   (iv) Except for variable power ESV applicants, a demonstration from the ESV
   operator that the ESV system is capable of detecting and automatically
   ceasing emissions within 100 milliseconds when the transmitter exceeds the
   off-axis EIRP spectral-densities supplied to the target satellite operator.
   Variable power ESV applicants shall provide a detailed showing that an
   individual ESV terminal is capable of automatically ceasing or reducing
   emissions  within  100 milliseconds if the ESV transmitter exceeds the
   off-axis EIRP spectral-densities supplied to the target satellite operator;
   that the individual transmitter is self-monitoring and capable of shutting
   itself off; and that one or more transmitters are capable of automatically
   ceasing or reducing emissions within 100 milliseconds of receiving the
   appropriate command from the system's central control and monitoring station
   if the aggregate off-axis EIRP spectral-densities of the transmitter or
   transmitters exceed the off-axis EIRP spectral-densities supplied to the
   target satellite operator.

   (3) An ESV applicant proposing to implement an ESV system under paragraph
   (a)(3)  of  this  section  and using variable power-density control of
   individual simultaneously transmitting co-frequency ESV earth stations in
   the  same  satellite  receiving  beam shall provide the information in
   paragraphs (b)(3)(i) and (b)(3)(ii) of this section as exhibits to its ESV
   application. The International Bureau will place these showings on Public
   Notice along with the application.

   (i) The ESV applicant shall provide a detailed showing of the measures it
   intends to employ to maintain the effective aggregate EIRP-density from all
   simultaneously transmitting co-frequency terminals operating with the same
   satellite transponder at least 1 dB below the EIRP-density limits defined in
   paragraph (a)(1)(i) of this section. In this context the term “effective”
   means that the resultant co-polarized and cross-polarized EIRP-density
   experienced by any GSO or non-GSO satellite shall not exceed that produced
   by a single ESV transmitter operating at 1 dB below the limits defined in
   paragraph (a)(1)(i) of this section.

   (ii) The ESV applicant shall provide a detailed showing that an individual
   ESV  terminal is capable of automatically ceasing emissions within 100
   milliseconds if the ESV transmitter exceeds the off-axis EIRP-density limit
   specified in paragraph (a)(3)(i) of this section and that the individual
   transmitter is self-monitoring and capable of shutting itself off. The ESV
   applicant  shall  also  provide  a  detailed  showing that one or more
   transmitters are capable of automatically ceasing or reducing emissions
   within  100 milliseconds of receiving the appropriate command from the
   system's central control and monitoring station if the aggregate off-axis
   EIRP  spectral-densities of the transmitter or transmitters exceed the
   off-axis  EIRP-density limits specified in paragraph (a)(3)(i) of this
   section.

   (4) There shall be an exhibit included with the application describing the
   geographic area(s) in which the ESVs will operate.

   (5) The point of contact referred to in paragraph (a)(3) of this section
   and, if applicable paragraph (a)(6) of this section, must be included in the
   application.

   (6) ESVs that exceed the radiation guidelines of § 1.1310 of this chapter,
   Radiofrequency  radiation  exposure  limits,  must provide, with their
   environmental assessment, a plan for mitigation of radiation exposure to the
   extent required to meet those guidelines.

   (7) Except for ESV systems operating pursuant to paragraph (a)(2) of this
   section, ESV systems authorized pursuant to this section shall be eligible
   for  a  license  that  lists  Permitted List as an authorized point of
   communication.

   (c) Operations of ESVs in the 14.0-14.2 GHz (Earth-to-space) frequency band
   within 125 km of the NASA TDRSS facilities on Guam (located at latitude:
   13�°36′55″ N, longitude 144�°51′22″ E) or White Sands, New Mexico (latitude:
   32�°20′59″ N, longitude 106�°36′31″ W and latitude: 32�°32′40″ N, longitude
   106�°36′48″  W)  are  subject  to  coordination  through  the  National
   Telecommunications and Information Administration (NTIA) Interdepartment
   Radio  Advisory  Committee  (IRAC). When NTIA seeks to provide similar
   protection to future TDRSS sites that have been coordinated through the IRAC
   Frequency Assignment Subcommittee process, NTIA will notify the Commission
   that the site is nearing operational status. Upon public notice from the
   Commission, all Ku-band ESV operators must cease operations in the 14.0-14.2
   GHz  band  within  125  km of the new TDRSS site until after NTIA/IRAC
   coordination for the new TDRSS facility is complete. ESV operations will
   then again be permitted to operate in the 14.0-14.2 GHz band within 125 km
   of the new TDRSS site, subject to any operational constraints developed in
   the coordination process.

   (d) Operations of ESVs in the 14.47-14.5 GHz (Earth-to-space) frequency band
   within (a) 45 km of the radio observatory on St. Croix, Virgin Islands
   (latitude 17�°46′ N, longitude 64�°35′ W); (b) 125 km of the radio observatory
   on Mauna Kea, Hawaii (at latitude 19�°48′ N, longitude 155�°28′ W); and (c) 90
   km  of  the  Arecibo Observatory on Puerto Rico (latitude 18�°20′46″ W,
   longitude 66�°45′11″ N) are subject to coordination through the National
   Telecommunications and Information Administration (NTIA) Interdepartment
   Radio Advisory Committee (IRAC).

   [ 74 FR 47105 , Sept. 15, 2009, as amended at  77 FR 50051 , Aug. 20, 2012;  78 FR 8429 , Feb. 6, 2013;  79 FR 8324 , Feb. 12, 2014]

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